Competition, Competition, Competition

“Competition, competition, competition” has been Federal Communications Commission Chairman Tom Wheeler’s rallying cry. Under his watch, the FCC’s approach has been, “When competition is high, regulation can be low.” He has stressed that, “[i]f the facts and data determine that a market is competitive, the need for FCC intervention decreases. I have zero interest in imposing new regulations on a competitive market just because we can.” As the FCC embarks on its review of the Special Access marketplace, it must take these words to heart and avoid imposing harmful and unnecessary regulation on this highly competitive telecom sector.

The facts on the ground show that the dedicated services marketplace (both for TDM-based special access services and for IP-based dedicated services) is competitive and thriving. Competition from cable is both real and rapidly increasing. Traditional competitors are making significant investments in their networks to deploy fiber to customer premises. Reverting to monopoly-era rate regulation now will only serve to stifle real competition by disincentivizing infrastructure investment by all -- precisely the kind of regulation for regulation’s sake that Chairman Wheeler has warned against.